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Terms of Service

 

Terms of Service

Effective Date: February 1st, 2016

 

The following terms and conditions, which include and hereby incorporate the Privacy Policy at http://www.nanobit.com/privacy-policy (collectively, “Terms of Service”) are a binding legal agreement between you and Nanobit Ltd., its subsidiaries and affiliated companies (hereinafter “Nanobit” or “Us” or “We”) regarding your use of Nanobit’s games, websites and related services (the “Service”).

 

Previous to using the Service, including browsing any Nanobit website or accessing any Nanobit games, you must agree to these Terms of Service and the Privacy Policy.

 

Registering an account on the Service (an “Account”) may be required from you. By registering for an Account or otherwise using the Service, you confirm that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use.

If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.

 

YOU ARE AGREEING TO THE TERMS OF SERVICE BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

Portions of these Terms of Service and its Privacy Policy may be changed, modified, added or removed at any time at Nanobit’s discretion, by posting the amended terms on the Service. Your acceptance of any changes will be indicated by your continued use of the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Nanobit Privacy Policy, or any other Nanobit policy, rules or codes of conduct related to your use of the Service, you shall immediately stop using the Service, as your license to use the Service will be terminated by you not accepting the Terms of Service.

1. License

 

1.1. Grant of a Limited License to Use the Service

 

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Nanobit policies, Nanobit grants you a non-exclusive, non-transferable, non-sub-licensable, revocable limited license to access and use the Service for your own non-commercial entertainment purposes. Such license is subject to the limitations below and you agree not to use the Service for any other purpose.

 

The following restrictions apply to the use of the Service:

 

In addition to not creating an Account or accessing the Service if you are under the age of 13, you shall deny access to children under the age of 13 and restrict use by minors. You accept full responsibility for any unauthorized use of the Service by minors, related to your Account. You are also responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors.

 

If you have been previously banned from using the Service, you shall not try to use the Service in another way. You shall not create an Account using false information or under a false identity. You shall not sell, rent or give away your Account to other entities.

 

The use of Account is permitted only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

 

Login Information and Your Account

 

During the Account creation process, you will be required to select a password (“Login Information”). You shall protect your Account and Login Information by taking all necessary precautions to prevent anyone else from using them. That includes not sharing the Account or the Login Information and not letting anyone else access your Account.

 

If you become aware or reasonably suspectful of any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Nanobit and modify your Login Information. You are responsible for anything that happens through your Account and all uses of the Login Information, including purchases, whether or not authorized by you.

 

Nanobit reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

 

The Service supports only one Account per game on a supported device.

 

License Limitations

 

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

 

You agree that you will not, under any circumstances:

 

Engage in any act that Nanobit deems to be in conflict with the spirit or intent of the Service or make improper use of Nanobit’s support services.

 

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Nanobit Game or any Nanobit game experience or without Nanobit’s express written consent, modify or cause to be modified any files that are a part of the Service or any Nanobit game.

 

Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Nanobit game environment.

 

Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.

 

Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Nanobit, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

 

Post any information that is abusive, threatening, obscene, defamatory, libelous, contains nudity or excessive violence; is racially, sexually, religiously, or otherwise objectionable or offensive, or that contains a link to such content.

 

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Nanobit employees, including Nanobit’s customer service representatives.

 

Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Nanobit employee.

 

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Nanobit game, or to obtain any information from the Service or any Nanobit game using any method not expressly permitted by Nanobit.

 

Solicit or attempt to solicit personal information from other users of the Service or any Nanobit game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.

 

Nanobit reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Nanobit reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

 

 

1.2. Suspension and Termination of Account and Service

 

 

Without limiting any other remedies, Nanobit reserves the right to limit, modify, suspend, terminate or delete any Account or access to the Service, in whole or in part, in case of failure (or reasonable suspicion of such a case) to comply with any part of these Terms of Service, or for actual or suspected illegal or improper use of the Service, with or without notice to you. As a result of account limitation or termination, you may lose your user name and persona, as well as any benefits, privileges earned items and purchased items associated with your use of the Service, and Nanobit will be under no obligation to compensate you for any such loss or result.

 

Without limiting any other remedies, Nanobit reserves the right to limit, modify, suspend, terminate or delete any Account or access to the Service, in whole or in part, as well as delay or remove hosted content and take any steps necessary to prevent your access to the Service in case of belief in the creation of risk or possible legal liabilities, infringement of intellectual property rights of third parties, or action inconsistent with the letter or spirit of our terms and policies.

 

NANOBIT RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

 

In the event of terminating your license to use the Service in whole or in part, as Nanobit reserves the right to stop offering and/or supporting the Service or a part of it at any time, Nanobit shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service in whole or in part, including any content you or others submitted.

 

Should you wish to terminate your Account at any time and for any reason, you may do so by following instructions provided on our support page (https://nanobit.helpshift.com/) informing Nanobit that you wish to terminate your Account.

2. Ownership

 

2.1. Games and Service

 

All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Nanobit game client, and Nanobit game clients and server software) are owned by Nanobit.

 

Nanobit reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.

 

2.2. Accounts

 

Notwithstanding anything to the contrary herein, you acknowledge and agree that all rights related to the Account are and shall forever be owned by and inure to the benefit of Nanobit.

 

2.3. Virtual Items

 

Nanobit owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Nanobit games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Nanobit game, whether earned in a game or purchased from Nanobit, or any other attributes associated with an Account or stored on the Service.

 

2.4. User Content

 

The definition of “User Content” includes any communications, images, sounds, material, data, and information that you or other users upload or transmit through the Service, including without limitation any chat text.

 

By transmitting or submitting any User Content while using the Service, you affirm and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by Nanobit in accordance with its Privacy Policy.

 

Nanobit reserves the right to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content at its discretion, without notice for any reason or for no reason at any time.

3. User Content

 

3.1. Content Screening

 

Nanobit assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Service for inappropriate content or conduct.

 

You acknowledge that you are using the Service is at your own risk and that by doing so you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations.

Your interaction with the Service or communications (including without limitation chat text) related to using the Service may be monitored and/or recorded at our discretion by our representatives or technology. Your irrevocable consent to such monitoring and recording shall be provided by entering these Terms of Service. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.

 

Should Nanobit choose to monitor the Service at its sole discretion, we nonetheless assume no responsibility for User Content, nor do we assume the obligation to modify or remove any inappropriate User Content. Nanobit reserves the right, but not the obligation, to refuse to post or to remove any User Content at its discretion.

 

3.2. Information Use by Other Members of the Service

 

3.2.1. Public Discourse

The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Nanobit assumes no responsibility for the evaluation, use or compensation for any information or ideas you may choose to submit, or for the behavior of other people using the Service, such as, but not limited to, their use of information or ideas you shared.

 

3.2.2. Responsible for Your Own Content

You assume sole responsibility for the information that you post on, through or in connection with the Service and that you provide to others. Nanobit may reject, refuse to post or delete any User Content at its discretion for any or no reason, including, but not limited to, User Content that violates these Terms of Service.

 

3.3. License

 

You hereby grant to Nanobit the right to use your User Content (and any modified versions of it), in any way, in connection with our provision of the Service, including marketing and promotional purposes. Use of your User Content may include (but is not limited to) reproducing, modifying, creating derivative works from, publishing, displaying, providing access to, storing, distributing, selling and other forms of usage.

 

You hereby grant to Nanobit an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party), as well as the right to authorize others to exercise any of the rights granted to Nanobit under these Terms of Service.

 

You further hereby grant to Nanobit the unconditional, irrevocable right to use any material or information included in User Content or in connection with it, including your name and likeness, without any obligation to you.

 

Nanobit does not claim any ownership rights to your User Content, and none of the provisions of these Terms of Service have the intention of restricting any rights that you may have to use and exploit your User Content. Nanobit also has no obligation to monitor or enforce your intellectual property rights in or to your User Content.

 

Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of any possible modifications to your User Content.

 

3.4. User Interactions

 

Your interactions related to the use of the Service (including any interactions with other users of the Service) are your sole responsibility. Nanobit assumes no obligation, but reserves the right, to become involved in those interactions in any way necessary.

 

In case of any suspected fraudulent, unlawful or improper activity, you will offer your full cooperation with Nanobit, including, but not limited to, granting access to any password-protected portions of your Account.

 

In case of a dispute between you and one or more of the other users of the Service, you release Nanobit (and its directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

4. Fees and Purchase Terms

 

4.1. Purchases

 

In the Service you may use “real world” money to obtain a limited, personal, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Nanobit games; (b) “virtual in-game items” (together with “Virtual Currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Currency or Virtual Items from us or our authorized partners through the Service.

 

Nanobit reserves the right to manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice, without any liability to you or any third party.

 

The transfer of Virtual Items and Merchandise to any person or entity (including but not limited to Nanobit, another user or any third party) is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service.

 

ALL PURCHASES AND REDEMPTIONS OF THIRD-PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.

 

Your limited license to Virtual Items for use in Nanobit games is a service provided by Nanobit that commences immediately upon acceptance of your purchase by Nanobit.

 

4.2. Payment of Fees

 

You agree to pay all fees, applicable taxes and any costs incurred by you or anyone using an Account registered to you. Nanobit reserves the right to revise and change the pricing for the goods and services offered through the Service at any time.

 

YOU ACKNOWLEDGE THAT NANOBIT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

5. Updates to the Service

 

You acknowledge and agree that the Service is an evolving one and as such, Nanobit may update the Service, with or without notifying you, as well as require that you accept updates to the Service and to Nanobit’s games you have installed on your device. You may need to update third party software from time to time in order to continue using the Service.

6. Disclaimer of Warranties

 

Without limiting Nanobit’s liability under Section 7 below, the service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.

 

Nanobit does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components.

7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification

 

Nanobit shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Service itself, whether based on contract, tort or any other legal theory, and whether or not Nanobit has been advised of the possibility of such damages.

 

Nanobit’s maximum liability shall be the amount you have paid to Nanobit in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Nanobit during such a time period, your sole remedy (and Nanobit’s exclusive liability) for any dispute with Nanobit is to stop using the Service and to cancel your account.

 

As some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages, some of the above disclaimers and limitations may not apply to you. To the extent that Nanobit may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Nanobit’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Service shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Nanobit.

 

You agree to indemnify, defend and hold Nanobit harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

8. Dispute Resolution and Law

 

Should a dispute arise between you and Nanobit, it is strongly encouraged to first contact us directly in order to try and find resolution by going to our customer support site at https://nanobit.helpshift.com/.

 

You agree that all disputes between you and Nanobit shall be governed by the laws of Croatia, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Nanobit must be resolved exclusively by a court located in Croatia.

9. Severability

 

You and Nanobit agree that if any portion of these Terms of Service or of the Nanobit Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

10. General Provisions

 

10.1. Assignment

 

Nanobit reserves the right assign or delegate these Terms of Service and/or the Nanobit Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Nanobit’s prior written consent.

 

10.2. Supplemental Policies

 

Nanobit may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

 

10.3. Entire Agreement

 

These Terms of Service, any Supplemental Policies and any documents expressly incorporated by reference herein (including the Nanobit Privacy Policy), contain the entire understanding of you and Nanobit, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

 

10.4. No Waiver

 

The failure of Nanobit to require or enforce strict compliance by you with any provision of these Terms of Service or the Nanobit Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Nanobit’s right to assert or rely upon any such provision or right in that or any other instance.

 

The express waiver by Nanobit of any provision, condition, or requirement of these Terms of Service or the Nanobit Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Nanobit shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Nanobit.

 

10.5. Notices

 

We may notify you via postings on http://www.nanobit.com/, and via e-mail or any other means of communication for which you provide information to us. All notices given by you or required from you under these Terms of Service or the Nanobit Privacy Policy shall be in writing and addressed to: Nanobit Ltd., Slovenska 23, 10 000 Zagreb, Croatia. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

10.6. Equitable Remedies

 

You acknowledge that the rights granted and obligations made under these Terms of Service to Nanobit are of a unique and irreplaceable nature, the loss of which shall irreparably harm Nanobit and which cannot be replaced by monetary damages alone so that Nanobit shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

 

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Nanobit game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7 (if any).

 

10.7. Force Majeure

 

Nanobit shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Nanobit, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Nanobit’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

 

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